Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Can I use manufacturers name and models on my wall art

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
Joe D
New Member
New  Member


Joined: 15 Sep 2014
Posts: 3

PostPosted: Tue Sep 16, 2014 12:46 am    Post subject: Can I use manufacturers name and models on my wall art Reply with quote

Hello to everyone. I have a couple of questions and would be very grateful if someone could give me some guidelines on a copyright issue.

I have just started a custom paint and vinyl graphics business, primarily but not exclusively orientated towards the motorcycle world.

I create 'vector' wall art graphics from pictures of motorcycles that are original and unique rather than use stock vector images from a DVD. Here is an example where I vectored a picture of my own bike into wall art:

(tried to post image but site wouldn't let me)

The bike is a Yamaha XV750. My question is;

If I wanted to sell this as wall art, could I use the make and model as above, just the model or no make or model at all?

The internet and auction sites are full of companies making vinyl graphics using makes and models such as Honda, Yamaha, Suzuki, CBR600F, XV1900 etc.

I have just been asked by a local Yamaha motorcycle dealer to do some of the Yamaha range of motorcycles but he doesn’t want the make or model on the graphic for fear of copyright issues. To me this seems to defeat the object.

If I were to sell my bike, I assume I could legally advertise and sell it as a ‘Yamaha XV750’, so,,, could I use the make and model on the graphic?


The pre-vectored photographs will be my own or non copyright material.

Any advice would be gratefully received and acknowledged that it is not a substitute for formal legal advice and does not constitute legal advice in any way. Just a guideline is all I require.

Many thanks.

Joe D
Back to top
View user's profile Send private message Send e-mail
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1630

PostPosted: Tue Sep 16, 2014 6:00 am    Post subject: Reply with quote

Hi Joe,
Copyright only applies (in this case) to artistic works and not to practical manufactured items such as motorbikes. Therefore so long as you are using your own original photographs to create your graphics you will not be infringing anyone's copyright. This includes the name and model of the bike, since neither of these would qualify as works of literature.
I suspect that the local dealer may be getting confused between copyright and trade mark protection. The maker's names and models are most probably registered as trade marks and so it would be illegal to apply them to goods which did not originate from that particular manufacturer, in the course of trade. But you would not be applying the names and model to other goods, but just portraying the real thing, which is a permissible use of a trade mark. Indeed the dealer's use of your graphics would, as you suggest, just be a form of advertising much the same as taking a full page ad in the local paper.
So in that basis, what you propose is perfectly legal. What is more, you would own the copyright in your artwork, because you will have created something 'original' when producing your own photographs and then rendering them as wall art.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Joe D
New Member
New  Member


Joined: 15 Sep 2014
Posts: 3

PostPosted: Wed Sep 17, 2014 2:16 pm    Post subject: Reply with quote

Hi AndyJ

Apologies for delay and thanks for your rely. During our last conversation the dealer said he was only trying to cover his ownproverbial. Now that you've put me on the right tracks, I shall look deeper into it as obviously I/they need to know what I can and can not use in my graphics.

I intend to approach more dealers in the near future and would like to have some sort of document/statement/guideline I could show them to assure there are no issues. I've just started off as a sole business and don't have the funds to seek professional advice. Would you know of any online document that could assist me in this way?

Many thanks.

Joe D
Back to top
View user's profile Send private message Send e-mail
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1630

PostPosted: Wed Sep 17, 2014 7:55 pm    Post subject: Reply with quote

Hi Joe,
Clearly the best and most authoritative document is the law itself. You can find the majority of the law on copyright in Part I of the Copyright Designs and Patents Act 1988 and for trade marks it's the Trade Marks Act 1994. The problem with both of them is that they don't provide a clear answer to your original question in a single place. And of course the statute law has to be interpreted and fleshed out through decisions of the court, which takes some experience to sift through to come up with the relevant answers. Offhand I can't think of just one single case I could point you to which neatly deals with all the nuances of your question.
The next best place is to take a look at the government's Intellectual Property Office advice on copyright and trademarks (both are pdfs), but again these tend to cover quite general topics, rather than the specific issues you asked about.
And unfortunately anything else you find on the internet tends to suffer from the same drawback as advice you get here, in that it cannot have the same authority and credibility as primary legal advice as between a client and lawyer. It may be good advice (as I trust my advice above is) but ultimately you have to decide whether you trust it.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Joe D
New Member
New  Member


Joined: 15 Sep 2014
Posts: 3

PostPosted: Thu Sep 18, 2014 2:03 pm    Post subject: Reply with quote

Hi again AndyJ

Thanks for your time and trouble, it is most appreciated.

Take care.

Joe D
Back to top
View user's profile Send private message Send e-mail
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group